OTRUBAv.HINTON

Board of Patent Appeals and Interferences

Nov 5, 1998

08443317 (B.P.A.I. Nov. 5, 1998)

Patent No. 5,486,253, granted January 23, 1996, based on1
Application 08/443,317, filed May 17, 1995. Assignor to B&H
Mfg. Co., Ceres, CA.
Application 08/615,918, filed March 14, 1996. Accorded2
benefit of Application 08/327,267, filed October 21, 1994, now
U.S. Patent No. 5,538,575, granted July 23, 1996. Assignor to
Trine Mfg. Co.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
SVATOBOJ OTRUBA
Junior Party1

v.
GAYLEN R. HINTON
Senior Party2
_____________
Interference No. 104,045
______________
Interference No. 104,045

2
Before CALVERT, PATE and MARTIN, Administrative Patent Judges.
CALVERT, Administrative Patent Judge.
JUDGMENT
Since Otruba has not filed a response to the order
to show cause issued on September 24, 1998 (Paper No. 19), and
the time set for filing a response has expired, this case is
taken up for the entry of judgment.
In Paper No. 19, the Otruba motion under 37 CFR
§ 1.633(c)(4) to designate claims 12 to 15 of his involved
patent as not corresponding to the count was granted as to
claims 12 to 14. Accordingly, the interference is redeclared
herewith to reflect that decision.
In view of the Joint Concession of Unpatentability
of the Count (Paper No. 16), and the redeclaration herewith,
it is hereby adjudged, pursuant to 37 CFR § 1.662(a), that the
junior party, Svatoboj Otruba, is not entitled to claims 1, 4
to 11 and 15 of his involved patent, designated as correspond-
Interference No. 104,045

3
ing to the count, and Gaylen Roy Hinton, the senior party, is
not entitled
to claims 29 to 40 of his involved application, designated as
corresponding to the count.
IAN A. CALVERT )
Administrative Patent Judge )
)
)
) BOARD OF
PATENT
WILLIAM F. PATE III ) APPEALS AND
Administrative Patent Judge ) INTERFER-
ENCES
)
)
)
JOHN C. MARTIN )
Administrative Patent Judge )
Interference No. 104,045

4
psb
Interference No. 104,045

5
Attorney for Otruba:
Kevin J. Heinl
Brooks & Kushman
1000 Town Center
22nd Floor
Southfield, MI 48075
Attorney for Hinton:
Morgan & Finnegan
345 Park Avenue
New York, NY 10154-0053